NIDAH 49 - Dedicated generously by Reb Kalman and Esme Bookman of Glasgow, Scotland.

1)

THE GENERAL RULE

(a)

(Mishnah - Chachamim):... For the lower Siman can come before the upper Siman, but not vice-versa.

(b)

Question: We already learned this (in the Reisha)!

1.

Suggestion: Perhaps this is to teach that this is the majority opinion, so the Halachah follows it.

2.

Rejection: We already know that, for an individual (R. Meir) argues with it!

(c)

Answer #1: One might have thought that the Halachah follows R. Meir, for verses (seem to) support him.

(d)

Answer #2: The Tana ended with this general rule to show the connection to the coming Mishnayos.

2)

HOLES IN KLEI CHERES

(a)

(Mishnah): Similarly, any Kli Cheres (earthenware vessel) that is Kones Mashkeh (it has a hole through which water will enter if the Kli is put in water) is Motzi Mashkeh (if water is put inside, it will leave through the hole). However, a Kli can be Motzi Mashkeh without being Kones Mashkeh

(b)

Any limb (extra finger) that has a nail has a bone, but a limb can have a bone without a nail;

(c)

Any Kli that is Mekabel Tum'as Medras (it becomes an Av ha'Tum'ah if a Zav or Nidah sits on it) is Mekabel Tum'as Mes (and all other Tum'os), but some Kelim are Mekabel Tum'as Mes but not Tum'as Medras.

(d)

(Gemara): A Kli that is Kones Mashkeh is Pasul for Mei Chatas (one may not put ashes of Parah Adumah on water (drawn with, or) in such a Kli.) A shard that is Kones Mashkeh is Tahor;

1.

A Kli that is Motzi Mashkeh is valid for Mei Chatas. Such a shard is Tahor.

(e)

(Rav Asi): A tradition from Moshe from Sinai teaches that the smallest Shi'ur (of a hole) that disqualifies an (intact) Kli Shares is Kones Mashkeh. The Shi'ur of Motzi Mashkeh pertains only to shards.

(f)

Question: What is the reason (that a hole that is Motzi Mashkeh is Metaher a shard)?

(g)

Answer (Mar Zutra brei d'Rav Nachman): People will not use a shard if they will need another shard to catch what drips from it! (Shards are used only to catch what drips from a Kli.)

(h)

(Beraisa) Question: How do we check if a Kli (which is Motzi Mashkeh) is Kones Mashkeh?

(i)

Answer #1: We put the Kli in a bowl full of water. If water enters, it is Kones Mashkeh. If not, it is only Motzi Mashkeh. (Me'iri - every hole is Motzi Mashkeh.)

49b----------------------------------------49b

(j)

Answer #2 (R. Yehudah): (Rashi - that test is no good, because one presses the Kli into the water. This forces water in even through a small hole! Me'iri - that test requires a big hole. A Kli is Kones Mashkeh even if water enters only (with the aid of gravity) from above!) Rather, we invert the Kli in an empty bowl, and fill the bowl with water above the level of the Kli. If water enters, it is Kones Mashkeh. If not, it is only Motzi Mashkeh.

(k)

Answer #3 (R. Yehudah): Alternatively, we see if fire is Ma'amid the Kli (water does not drip out when the Kli is over a fire). If fire is Ma'amid it, the Kli is only Motzi Mashkeh. If not, it is Kones Mashkeh.

(l)

Answer #4 (R. Yosi): The fire test is no good. Fire is Ma'amid even a big hole! Rather, we see if burning coals and ashes are Ma'amid the Kli. If they are, the Kli is only Motzi Mashkeh. If not, it is Kones Mashkeh.

(m)

Answer #5: If water inside drips out drop after drop, surely it is Kones Mashkeh.

(n)

Question: What is the difference between the first two Tana'im?

(o)

Answer (Ula): They argue about a Kli that is Kones Mashkeh if the water is pressed in.

3)

AN EXTRA FINGER

(a)

(Mishnah): Any limb that has a nail...

(b)

A limb with a nail has (Tum'as) Maga, Masa and Ohel. (It is Metamei whatever touches it, moves it, or is above or below it or under a common roof with it);

1.

A limb with a bone but no nail has Maga and Masa, but not Ohel.

(c)

(Rav Chisda citing Rav): If an extra finger has a bone but not a nail, it has Tum'as Maga and Masa, but not Ohel.

(d)

(Rabah bar bar Chanah): This is only if it is not counted (i.e. in line) with the other fingers. (If it is, in any case it has Tum'as Ohel.)

4)

WHICH KELIM RECEIVE TUM'AS MEDRAS

(a)

(Mishnah): Any Kli that is Mekabel Tum'as Medras...

(b)

Any Kli that is Mekabel Tum'as Medras is Mekabel Tum'as Mes. Some Kelim are Mekabel Tum'as Mes but not Tum'as Medras;

1.

Examples of the latter are a (box that holds a) Se'ah or half-Se'ah;

2.

(Beraisa) Suggestion: Perhaps "veha'Yoshev Al ha'Kli" includes a Zav who sat on a Se'ah or half-Se'ah, and it becomes Tamei (an Av ha'Tum'ah)!

3.

Rejection: "Asher Yeshev Alav" discusses a Kli meant to be sat on, but not something that (if one sits on it,) people may tell him "get up! We need to use the Kli."

5)

WHO MAY JUDGE

(a)

(Mishnah): Anyone Kosher to judge capital cases is Kosher to judge monetary cases. There is someone who is Kosher to judge monetary cases, but not capital cases.

(b)

(Gemara - Rav Yehudah): The latter clause discusses a Mamzer.

(c)

Question: We already learned this from (Tosfos - what Rav Yehudah said about) a Mishnah in Sanhedrin!

1.

(Mishnah): Everyone is Kosher to judge monetary cases, but not everyone is Kosher to judge capital cases.

2.

Question: Who is Kosher for monetary cases, but not for capital cases?

3.

Answer (Rav Yehudah): This refers to a Mamzer.

(d)

Answer: Really, (Rav Yehudah said that) one Mishnah discusses a convert, and the other discusses a Mamzer. Both are needed;

1.

Version #1 (our text): Had it taught only about a convert, we might have thought that he is Kosher for monetary cases, because he can marry a Bas Yisrael, but a Mamzer is disqualified;

2.

Had it taught only about a Mamzer, we might have thought that he may judge monetary cases because he was conceived by Yisraelim, but a convert would be disqualified.

3.

Version #2: Had it taught only about a convert, we might have thought that he is Pasul for capital cases, because he was not conceived by Yisraelim, but a Mamzer would be Kosher;

4.

Had it taught only about a Mamzer, we might have thought that he is Pasul for capital cases because he cannot marry a Bas Yisrael, but a convert would be Kosher. (end of Version #2)

(e)

(Mishnah): Anyone Kosher to judge is Kosher to testify, but there is someone Kosher to testify who may not judge.

(f)

(Gemara) Question: Who is this (that he may testify, but may not judge)?

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